There is hereby established a board of zoning appeals, which shall perform its duties and exercise its powers as provided in Section 5 of Act 207 of Public Acts of 1921 as amended [MCL § 125.585], and in such a way that the objectives of this ordinance shall be observed, public safety secured, and substantial justice done. The board shall consist of six members appointed by the city council. Appointments shall be as follows: Two members appointed for a period of one year; two members appointed for a period of two years; and two members appointed for a period of three years, respectively; thereafter each member to hold office for the full three year term. Any vacancies in the board shall be filled by appointment by the council for the remainder of the unexpired term. The zoning board of appeals shall annually elect its own chairman, vice chairman, and secretary.

State Law reference— Zoning board of appeals required, membership, etc., MCL 125.3601 et seq.

All meetings of the board of appeals shall be held at the call of the chairman and at such times as such board may determine. All hearings conducted by the said board shall be open to the public. The city clerk, or his representatives, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Four members of the board shall constitute a quorum for the conduct of its business. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

State Law reference— Meetings of zoning board of appeals, MCL 125.3602.

An appeal may be taken to the board of appeals by a person, firm or corporation aggrieved, or by any officer, department, board or bureau of this state or the City of Petoskey. Such appeal shall be taken within 30 days of a decision, by filing with the zoning administrator and with the board of appeals a notice of appeal, specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of appeals after notice of appeal has been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record.

The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(Ord. No. 739, § 1, 1-7-2014)

State Law reference— Appeals to zoning board of appeals, MCL 125.3604.

The city council may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals. At the time of notice for appeal is filed said fee shall be paid to the secretary of the board of appeals, which the secretary shall forthwith pay over to the city treasurer to the credit of the general revenue fund of the municipality.

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this ordinance, but does have power to act on those matters where this ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the State of Michigan. Said powers include:

1.

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the zoning official or any other administrative official in carrying out or enforcing any provisions of this ordinance. Administrative Review appeals must be filed within 30 days of an order, requirement, permit, decision or refusing made by the zoning official or any other administrative official carrying out or enforcing any provisions of this ordinance.

2.

Variances.

a.

Non-use variances. The zoning board of appeals shall have the authority to grant non-use variances relating to the construction, structural changes or alterations of buildings or structures related to dimensional requirements of this zoning ordinance or any other nonuse-related standards in the ordinance. If there are "practical difficulties" for non-use variances the zoning board of appeals may grant a variance so that the spirit of this zoning ordinance is observed, public safety secured and substantial justice done. The zoning board of appeals shall consider dimensional standards where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or practical difficulties to the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this ordinance.

b.

Use variances. The zoning board of appeals shall have the authority to grant variances from uses of land where the historic use or character of a building suggests that, absent relief, an "unnecessary hardship" may occur. For use variances, the zoning board of appeals may grant a variance so that the spirit of this zoning ordinance is observed, public safety secured and substantial justice done. The zoning board of appeals shall consider standards where by reason of undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this ordinance.

In granting a variance, the board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this ordinance. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance. Use variances shall not run with the land and shall lapse upon change in ownership or the abandonment of the use for which a variance was granted.

c.

Sign variances. The zoning board of appeals shall only have the authority to grant sign variances for sign dimensions, height, and the relocation of existing non-conforming signs. The zoning board of appeals shall consider the intent of the sign ordinance, the practical difficulty presented by the proposed sign and sign location, and public safety. Where the strict application of the regulations enacted would result in peculiar or practical difficulties to the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this ordinance.

3.

Exceptions and special approvals. To hear and decide in accordance with the provisions of this ordinance, requests for exceptions, for interpretations of the zoning map, and for decisions on special approval situations on which this ordinance specifically authorizes the board to pass. Any exception or special approval shall be subject to such conditions as the board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this ordinance, including the following:

a.

Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

b.

Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the planning commission.

c.

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

d.

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

e.

Permit temporary buildings and uses for periods not to exceed one year, renewable upon re-application, to the board of appeals. The board of appeals, in granting permits for the above temporary uses, shall do so under the following conditions:

(1)

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

(2)

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

(3)

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the City of Petoskey, shall be made at the discretion of the board of appeals.

(4)

In classifying uses as not requiring capital improvement, the board of appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to: golf-driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections.

(5)

The use shall be in harmony with the general character of the district.

(6)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of the review. Further, the board of appeals may seek the review and recommendation of the planning commission prior to taking action on the temporary use request.

4.

In consideration of all appeals and all proposed variations to this ordinance the board shall, before making any variations from the ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City of Petoskey. The concurring vote of a majority of the members of the zoning board of appeals is necessary to reverse an order, requirement, decision or determination of the administrative official or body; to decide in favor of the applicant on a matter upon which the zoning board of appeals is required to pass under this ordinance; or to grant a variance under this zoning ordinance. Nothing herein contained shall be construed to give or grant to the board the power or authority to alter or change this ordinance or the zoning map, such power and authority being reserved to the city council of the City of Petoskey, in the manner provided by law.

5.

International Property Maintenance Code. The zoning board of appeals shall have the power to hear appeals under the International Property Maintenance Code as established in § 13-34.

(Ord. No. 739, § 2, 1-7-2014)

In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the orders, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building official from whom the appeal is taken.

The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. It shall determine the interested parties who, in the opinion of the board, may be affected by any matter brought before it, which shall in all cases include all owners of record of property within 300 feet of the premises in question. Notices of the public hearing shall be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. The board may require any party applying to the board for relief to give such notice to other interested parties as it shall prescribe.

1.

No order of the board permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

2.

No order of the board permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

3.

The decision of the zoning board of appeals shall be final. A party aggrieved by the decision may appeal to the circuit court for the County of Emmet.

(Ord. No. 739, § 3, 1-7-2014)